HC upholds double life sentence awarded to godman

CHENNAI, Dec 12: The Madras High Court today upheld the double life imprisonment awarded to the controversial self styled godman Premananda, who was convicted in the sensational rape of 13 inmates of his Ashram near Pudukottai between 1990-94.

A division bench of the high court, comprising Justice P Shanmugham and M Chockalingam also confirmed the double life sentence awarded to Premananda’s secretary Kamalananda who was also convicted by the then Pudukottai distrcit principal sessions judge Banumathi on August 20 1997.

The bench, however, commuted the life sentences awarded to three other accused Nanda Kumar, Satish Kumar and Balendran to 10 years rigorous imprisonment.

The judges also confirmed the sentence of two years and seven months awarded to Kamalananda’s wife Chandra Devi who was also convicted in the case.

Reducing the fine amount of Rs 66.30 lakh imposed by the trial court on the self-styled godman and the ashram by Rs five lakh, the judges directed that each of the victims be paid Rs five lakh each.

The bench also upheld the direction of the trial court that Premananda undergo an additional 32 years life imprisonment in case of default of the payment of the fine.

All the convicted persons were also found guilty of murdering an Engineer, Ravi, who was an eye-witness to the crimes and an inmate of the Ashram located at Fathima Nagar. (PTI)

Excise duty on cigarettes used for quality test: SC

NEW DELHI, Dec 12: In a major judgement affecting the Rs 12,000 crore cigarette industry, the Supreme Court has ruled that any stick of cigarette manufactured by a company, even if used for testing purposes in the laboratory within its own factory premises, is liable to excise duty.

This ruling, expected to give a boost to the excise duty collection of the Government, was delivered by a bench comprising Justice S N Variva and Justice B N Agrawal while dismissing a petition filed by market leader ITC Ltd.

ITC Ltd had challeged the order of the central excise collector at Patna levying an excise duty of Rs 65.45 lakhs for the period March 1973 to April 1990 and Rs 6.14 lakh for the period between May and December 1990 on the cigarettes removed by the company for testing purpose.

Upholding the levy of excise duty on cigarettes removed for testing purpose, the bench said "manufacture of cigarette is complete when the same emerges in the form of sticks of cigarettes which are sent to the laboratory for quality control test."

Ruling that process of manufacture was complete before removal of cigarettes for test purposes, Justice Agrawal, writing for the bench, said "we hold that sticks of cigarette which are removed for the purpose of test in the quality control laboratory located within the factory premises of ITC Ltd are liable to excise duty."

The authority had levied duty on the ground that ITC had been "clearing without payment of excise duty, 20 sticks of cigarettes from each cigarette making machine in the cigarette making department on each working day as samples for test in their quality control laboratory within the factory premises, total quantity each day being 65 packets of cigarettes of each brand manufactured by the factory".

The CNY contested the demand for excise duty on the ground that no duty was leviable on samples of cigarettes drawn for test purposes in the quality control laboratory within the factory since the process of manufacture of cigarettes was not completed until the same were packed.

ITC argued that packing of cigarettes was a process incidental or ancilliary to the process of manufacture and packing of cigarettes was done after the samples sent were tested in the laboratory. Some quantity of cigarettes were also destroyed during the process of testing, it stated.

The authorities submitted that the company did not maintain any account of the quantity of cigarettes destroyed during the tests though they had maintained record of the quantity removed for the purpose of laboratory tests.

After hearing both the sides, the apex court said for the purpose of levy of excise duty, the test to be applied was whether the goods manufactured were marketable or not.

"In the present case, the cigarette, which is the end product of tobacco, is fit for consumption before the same is removed for test," it said. (PTI)

Mangat Ram Sharma defends release of militants

NEW DELHI, Dec 12: Defending release of a "few" militants by the Jammu and Kashmir Government as a step in the "larger interest" of the nation and the State, Deputy Chief Minister Mangat Ram Sharma today said if the released persons were found disturbing law and order, the Government’s hands were "not tied".

Sharma, a senior Congress leader, also said that the month-old PDP-led coalition Government was functioning smoothly and had launched welfare schemes to provide succour to those affected by militancy.

"Our intention is to restore peace and win over the alienated sections of people. We want to create a tension-free atmosphere in the State and release of militants is a step in this direction," he told PTI here while explaining the reasons behind the release of six militants, a move which was criticised by the Centre and BJP.

Asserting that only a "few" militants had been released by the Government, Sharma said "they are under watch and if they tend to disturb law and order, the Government’s hands are not tied."

Stating that the Congress’ intentions could not be doubted, he said the move was taken in "larger interest of the nation and the State".

Sharma expressed confidence that such a move would create Government’s goodwill among the masses and bring people closer to the administration. "Anybody not cooperating will be exposed and attract the wrath of the common people," he said.

He also described the release as a measure to pay back the "nationalist and secular" people of the State who defied terrorist threats and braved militant attacks to cast their votes.

"These forces need to be strengthened," the Deputy Chief Minister said.

As part of its move to win over people, the Government had also initiated various other welfare measures, including giving employment to the kins of militancy victims and improving infrastructural facilities, he said, adding decentralisation of powers to the Panchayats was also in the offing.

Sharma said the Government had taken steps to improve power and water supplies.

About 4000 new schools are being set up and many are being upgraded to provide a school within one kilometre, he said, adding the move would also generate employment as locals would be recruited in these institutions.

Facilities in hospitals are also being improved, he said. (PTI)

Ban on mining activities in Aravalli range welcomed

JAIPUR, Dec 12: Magsaysay awardee social activist Rajendra Singh will soon take out "Aravalli Bachao Chetna Yatra" through the desert state to press for effective implementation of the recent Supreme Court order banning all mining activities in the Aravalli range covering Rajasthan and Haryana.

Welcoming the apex court order as "most appropriate decision for common future", Mr Singh said rejuvenation of Aravalli should be given top priority to safeguard the fragile ecology of the region.

"The yatra of 24 teams would help in mounting pressure on the authorities to implement the court order and also motivate the people to come out in preserving the fragile ecology," he told reporters here.

Mr Singh, who was given the Magsaysay award for his pioneering work in conserving water resources in Rajasthan, said through the yatra the people would be reminded of their responsibility for greening the Aravalli range.

"I am not against mining, but a specific area should be earmarked to avoid wanton mining in forest areas," he said adding that those who were rendered jobless through a ban on mining should be encouraged to take up alternative employment in water conservation and forest plantation.

While expressing keenness to talk with the industrialists and miners to identify a suitable mining area with least adverse impact on environment and ecology, Mr Singh said he was still apprehensive that the authorities were not "serious" in implementing the court order as a similar order of 1992 was not seriously implemented. At that time also the Aravalli Bachao Padyatra from Himmatnagar (Gujarat) to New Delhi was taken out and the apex court was again approached. Meanwhile, Mr Singh also questioned the rationale behind the Vajpayee Government’s proposal for linking the major rivers of the country, saying he had doubts that the world bank might have a role behind such a proposal as it was keen to lend loan to safeguard the interests of the manufacturers of heavy machinery.

Stating that linking of major rivers would destroy the gene pool and bio-diversity in many ecological zones, he suggested that announcement about major projects should not be made before studying the environmental impact assessment.

"Even technically also, linking of the rivers estimated to cost about Rs 5,60,000 crore was not feasible due to the vast difference in contours ranging from 600 metres to 7000 metres", he said.

Stressing on the need for erecting small water harvesting structures, he said construction of major dams had so far benefitted only big landlords. Pointing out the river conflict between Karnataka and Tamil Nadu , he suggested that on the lines of the food security act , water security act should be framed as "bloodshed for water" could not be ruled out in the near future. (UNI)

Jaya hits out at Kharge, writes to Karnataka CM

CHENNAI, Dec 12: Tamil Nadu Chief Minister J Jayalalithaa today hit out at Karnataka Home Minister, Mallikarjuna Kharge for his statements that the Tamil Nadu STF had caused the death of Nagappa, and warned that such responses would only "vitiate" the atmosphere and create "bad blood" amongst officers and men in the field.

In a demi-official letter to her Karnataka counterpart, S M Krishna, she said nothing must be done to "stoke the embers of suspicion or fuel speculation" at a crucial movement when the energies should be directed at a joint operation to nab the forest brigand, Veerappan.

The capture of Veerappan was a "mission" that both Tamil Nadu and Karnataka had now embarked upon in right earnest and this must transcend all political considerations.

"The war against Veerappan must be fought in forests’ where Veerappan lurks and not in the columns of the media", she said seeking Krishna’s cooperation and concurrence on the matter.

Pointing out that she was writing the letter with a sense of "unease" in the light of remarks attributed to Kharge, she said the hunt for the brigand should be "our only objective" and nothing should stand in the way, particularly not the sort of "ambiguous implicatory responses" to "provocative questions from the press" on the sensitive issue, attributed to Kharge, she said.

Recalling Krishna’s meeting with herself in Delhi on August 27 last and the change in policy to withdraw joint operations at the request of Karnataka Government, Jayalalithaa said she had already made it clear that the Tamil Nadu STF was in no way responsible for any alleged encounter as rumoured and that the incident took place more than 40 kms inside Karnataka territory.

The recovery of a decomposed body from the Karnataka side of the forest yesterday, which had been identified as that of a constable of Karnataka STF, clearly established that it was the Karnataka STF which was involved in combing operations just prior to the "murder of Nagappa by Veerappan", she said adding that it also conclusively established the fact that the Tamil Nadu STF was in no way involved in the episode.

In the context of these facts, "you will agree that instead of an authoritative rebuttal of such media-sponsored speculations, the imputation by implication sort of responses of the Karnataka Home Minister, Mallikarjuna Kharge, for reasons best known to him, will only vitiate the atmosphere," Jayalalithaa said. (PTI)

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